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Immigration Issue: Legal advice please?


by kleer001

Question by churro: Immigration Issue: Legal advice please?
I just recently married my best friend of four years (in April) She was brought to the U.S illegally at the age of two. I am a member of the U.S Marine corps, will this hinder my military career? I’m constantly worried about her being deported, so I want to petition for her to become legal. We have spoken to several immigration lawyers. They tell us that she will have to leave the U.S, but that they don’t recommend that I petition for her right now because she has such a “weak case.” If she has to leave the country, I’m definitely going with her. She is in the middle of obtaining her degree So I need legal advice. Should I petition for her now, will she be able to come back after she leaves the U.S, and if so, how long will she have to stay in Mexico for? Thanks. No hate please, I will report you. I need serious legal advice ONLY.

Best answer:

Answer by Yak Rider
No, it will not hinder your career unless you have a security clearance.

You should be worried about her being deported. She’s one traffic stop away from a trip back to her own country.

The lawyers are all correct. She cannot adjust status in the USA because she has no status and entered the country “uninspected.”

It’s estimated that she’ll spend up to 6 months in Mexico. In addition to the petition she’ll need a Wavier of Inadmissibility and she can’t apply for it until she’s been interviewed in Mexico. Further, you WILL need the assistance of an immigration attorney when it comes to getting the waiver.

This is not legal advice, it’s information based on personal experience.

What do you think? Answer below!

3 comments - What do you think?  Posted by - March 25, 2011 at 7:27 pm

Categories: Immigration Lawyer   Tags: , , , ,

Please legal advise for immigration problem?!?

Question by I_belong_to_me: Please legal advise for immigration problem?!?
my best friend was convected in class 1 misdemeanor embezzlement “moral turpitude”under 200$ anyways she played guilty to one charge and the maximum sentence is12 months the judge only sentence her to 60 days in jail all was suspended?! the lawyer who was hired by the court didn’t tell as she is gonna have a problem in emigration. I contact the emigration lawyer. and he said he cant do nothing because shes a Green card holder and she may get deported and took to jail. I contact the criminal lawyer he told as she would not be deported because the crime was up to 12 months and the only one she did. but she wanted to able to travel aboard. the lawyer told as that she may have a problem coming in if she travel. but they cant deport her. but the Q is why would they stop her from coming in. and if they DID what they gonna do to her?! she is also her husband is US citizen and her daughter is GC holder. so if she cant get deported why would they stop her from entering the US. under what law?!
by the way if u gonna be judgmental Please don’t answer. I’m looking for positive answer.
and don’t tell me she is a criminal if u dont know what happened thank u

Best answer:

Answer by tunavamp
She IS a criminal. The law has already judged her as one. There is nothing you can do. DHS is going to deport and ban her. I don’t understand why it’s so difficult for you to understand that a foreign visitor committing a crime gets ban you from the US. It’s part of the contract they make with a person who gets a visa. They know that embezzlement is stealing. That is just not acceptable behavior from a guest in this country. She CAN be deported as she committed a “crime of moral turpitude”. Even green card holders can have their legal permanent resident status revoked and be deported for that. She will no longer be welcome here. Period.

No matter how many times you repost this story, the facts aren’t going to change. People convicted of crimes of moral turpitude (includes theft – i.e., shoplifting) are not admissible to the U.S. There is an exception for one petty offense (misdemeanor shoplifting is usually a petty offense but not always). Conviction of an aggravated felony is a deportable offense.

The States have given the immigration service many conviction records. Often green card holders with old convictions are stopped upon return to the U.S. from a vacation or business trip and are put in deportation proceedings.

These cases are often very complex. Conviction for what was once a college prank or a marijuana possession charge may now result in deportation for a temporary visa or green card holder.

What do you think? Answer below!

2 comments - What do you think?  Posted by - at 10:13 am

Categories: Criminal Lawyer   Tags: , , , ,

Q&A: Legal tender….lawyers only please?

Question by Edthescienceguy: Legal tender….lawyers only please?
If I offer US legal tender currency to a merchant and he says “Sorry, we don’t accept cash.” Is the transaction complete. In other words, do I get my purchase without paying, even though I offered????
OK…now that the amateurs have answered and think it is a stupid question…let’s get a real, legal answer.

Best answer:

Answer by wazwondring
No. Generally speaking, the transaction is not complete until you actually pay for you the merchandise you are trying to buy. A merchant generally has the right to specify acceptable forms of payment.

You should consult a contracts lawyer in your area for details. If you intend to try to take merchandise without paying for it, you should consult a criminal lawyer as well.

What do you think? Answer below!

9 comments - What do you think?  Posted by - March 23, 2011 at 4:34 pm

Categories: Legal Lawyer   Tags: , , ,

please help me with some legal issues?feel lawyer weak/custody is at bat 9 yr old caretaker and only m?

Question by sbcalifgal805: please help me with some legal issues?feel lawyer weak/custody is at bat 9 yr old caretaker and only m?
Started 6 yrs ago..In and out of court. I have maintained Sole Custody as spouse was in the Military. Now I have anngrt mom whom called CPS on me, no report was made as last June Judge said lets try it with child and other spouse. X told me and child that he could stay with us in ‘Calif as he did not want to disrupt child. Now it has been 4 weeks since mom called CPS while after she and I fought and she drunk. Speaking with child over telephone, a lawyer whom does not call you back when he says he will. 200,000.00 already spent and so alone. I need to write a declaration and I have been diagonised with ADHD and Bipolar..What a mess but A great mom..
During this the school superindant hung up on me and the prinicipal said. ” I do not have to talk to you as your son no longer goes to this school”. Confidential records being shown to my mother but school sayin ooppostite
Please help

Best answer:

Answer by linniferjen2
Your question is a bit confusing and it seems to me that that is because you are just beside yourself with desperation. Hard to help with legal issues. I can ONLY advise you to make sure you are putting the CHILDS needs first and not just battling for what YOU want. I feel for you with a useless lawyer. Bipolar and adhd are such big things to battle in themselves. I can only send you my love and concern.

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1 comment - What do you think?  Posted by - March 21, 2011 at 10:12 am

Categories: Legal Lawyer   Tags: , , , , , , , ,

Q&A: Divorce question, please HELP?


by publicenergy

Question by Amanda: Divorce question, please HELP?
I am so confused, my husband wants a divorce…
We have two children together and he says I “go out” too much. Except for my “going out” is running errands that I’m unable to do during the day with two small children.
He wont talk to me. Of all things he sent me a text message telling me I need to find a good divorce lawyer. I’m so confused about what to do, I thought things were great but I guess I was totally wrong. What am I supposed to do? Also everything in this house is his, including the kids. He told me to pack my sh*t and leave.
Please HELP me.
No prenup, he’s too tired when he gets off work to help with the errands….
why would this be fake? people its called sarcasm…. he says evrything in our house is “his” including our kids.

Best answer:

Answer by altaduo
First,talk to a lawyer b4 you do anything and did you have a prenuptial agreement? If not,you may have rights to much of the property despite the name on the bill of sale.

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10 comments - What do you think?  Posted by - March 14, 2011 at 1:11 am

Categories: Divorce Lawyer   Tags: , , ,

what is your opinion on this do you think it is fair??? 10pts for best answer please read thoroughly :)?

Question by ganicity: what is your opinion on this do you think it is fair??? 10pts for best answer please read thoroughly :)?
Two middle-school students in Oregon are facing possible time in a juvenile jail and could have to register as sex offenders for smacking girls on the rear end at school.

Cory Mashburn and Ryan Cornelison, both 13, were arrested in February after they were caught in the halls of Patton Middle School, in McMinnville, Ore., slapping girls on the rear end. Mashburn told ABC News in a phone interview that this was a common way of saying hello practiced by lots of kids at the school, akin to a secret handshake.

The boys spent five days in a juvenile detention facility and were charged with several counts of felony sex abuse for what they and their parents said was merely inappropriate but not criminal behavior.

The local district attorney has since backed off — the felony charges have been dropped and the district attorney said probation would be an appropriate punishment. The Mashburns’ lawyer said prosecutors offered Cory a plea bargain that would not require him to register as a sex offender, which the family plans to reject.

But the boys, if convicted at an Aug. 20 trial, still face the possibility of some jail time or registering for life as sex offenders.

The boys’ families and lawyers said even sentencing them to probation would turn admittedly inappropriate but not uncommon juvenile rowdiness into a crime. If they are convicted of any of the misdemeanor charges against them, they would have to register as sex offenders.

What’s Your Take?

“It’s devastating,” said Mark Lawrence, Cory Mashburn’s lawyer. “To be a registered sex offender is to be designated as the most loathed in our society. These are young boys with bright futures, and the brightness of those futures would be over.”

Cory Mashburn said he and Ryan Cornelison slapped each others’ and other kids’ bottoms every Friday. “Lots of kids at school do that,” he said.

Cory and Ryan were brought to the principal’s office Feb. 22, where they were questioned by school officials and a police officer. They were arrested that day and taken in handcuffs to a juvenile detention facility.

Court papers said the boys touched the buttocks of several girls, some of whom said this made them uncomfortable. The papers also said Cory touched a girl’s breasts. But police reports filed with the court said other students, both boys and girls, slapped each other on the bottom.

“It’s like a handshake we do,” one girl said, according to the police report.

The boys were initially charged with five counts of felony sexual abuse. At a court hearing, two of the girls recanted, saying they never felt threatened or inappropriately touched by the boys. The judge released the boys but barred them from returning to school and required that they be under constant adult supervision.

District Attorney Bradley Berry has since dismissed the felony counts. The boys face 10 misdemeanor charges of harassment and sexual abuse. They face a maximum of up to one year in a juvenile jail on each count, though Berry said there was no way the boys would ever serve that much time.

“An appropriate sentence would be probation,” he said. “These are minor misdemeanor charges that reflect repeated contact against multiple victims. We never intended for them to get a long time in detention.”

“We’re not seeking major penalties,” he said. “We’re seeking change in conduct.”

‘We Just Want This to Be Over’ Tracie Mashburn, Cory’s mother, said they will not accept plea and plan to fight the charges.

The arrests, critics said, reflect a trend toward criminalizing adolescent sexual behavior. Between 1998 and 2002, juvenile arrests for sex offenses other than rape or prostitution rose 9 percent — the only kind of juvenile arrests that rose during that time, according to the Bureau of Justice Statistics.

“More and more, they are criminalizing normal adolescent or preadolescent behavior,” said Chuck Aron, co-chairman of the National Association of Criminal Defense Lawyers juvenile justice committee.

Even probation, the Mashburns and their attorney said, would be too severe a punishment.

Julie McFarlane, a supervising attorney at the Juvenile Rights Project in Portland, Ore., said, “Probation for a sex offense is very difficult thing, and there’s a pretty high failure rate.” Failing to meet the terms of probation could mean the boys would be sent to jail.

Depending on the terms of probation, it’s likely that the boys would not be allowed to have sexual contact with anyone or any contact with younger children, McFarlane said. For Cory Mashburn, that would mean he couldn’t be left alone with his younger siblings.

“It’s been awful,” said Cory’s mother. “We just want this to all be over. But it will never go away. We’ll always remember it.”

Berry, the district attorney, said the victims — the girls who were touched — were being overlooked. “What’s been lost in this whole thing are the victims, who have been pressured enormously by these boys’

Best answer:

Answer by Anna
that’s stupid. Guys at my school smack my butt alll the time. and i dont enjoy it but its like whatever because boys will be boys. it was inappropriate but not criminal behavior. i think they should just write a letter of appology to the girls and just stop. because you’d have to arrest alottt of boys because practically all boys do that. i mean there are people getting RAPED out there, you shouldnt make a bigg deal out of middle school boys smacking girls’ butts. they’re going through puberty and you dont know if the girls just wanted to get them in trouble. in my opinion, everyone’s overreacting.

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1 comment - What do you think?  Posted by - March 4, 2011 at 2:14 pm

Categories: Trial Lawyers   Tags: , , , , , , , , ,

Immigration legal help please!?

Question by Pretty Kitty: Immigration legal help please!?
Ok everyone, thanks for any help!
My dear friend Juan started working back in 2003 for a demolition company in SC . He first started as a regular worker but after some time due to his well behaviour and responsibility the owner of company from which I will not reveled the “name” by the moment decided to give Juan more responsability as a supervisor. Juan continued doing his job and bringing money to the company for his great Job.. After some time Juan expressed to his boss his interests to legalized his immigration status in United States. Oh by the way Juan came to USA to work for the School System as Spanish teacher . Activity he did satisfactorily for 3 years. Juan holds a Bachelors degree in Foreign Languages with a concentration in English Education but for some reason he cold not continued his Job as teacher. He was granted H-1 B Visa which allowed him to work and live in USA. He could not renew it either .. Well the owner of the company from which Juan decided to give 6 years of his life decided 2 years ago to assist Juan with his immigration case but told Juan up front that he ( The owner of the company ) does not have any money to pay USCIS ( Hard to believe) .. Juan told his boss that he will continue working and from his paycheck he (juan) will give the money to the company so that the company send payment to the Immigration lawyer for his process ( Juan can not pay directly to the immigration) . According to Immigration Law. The Sponsor ( Company) is responsible for paying all costs when the case is EB-3 ( Employment based case)for labor Certification that was the first step for juan …… it is not the worker responsibility to pay for this step.. Please correct me if I am wrong. It is the Petitioner responsibility. But anyway my friend Juan deducted for quite a while $ 6,000 ( six thousand dollars) for his case, gave his money to the employer to cover the attorneys fees. Juan immigration process process created in Juan’s mind and home a piece of mind , made him and his family felt comfortable that his immigration process was in good shape .but his first step of the case (labor cert was about to have ) a final decision when his boss decided to fire Juan for no reason .. Now my friend Juan is on limbo, his family (wife and kids) that live with him is very concerned, worried, disappointed with the employer, angry,stressed … Juan Immigration attorney had to close the case because the petionioner decided no to continue with the process.
Mi question is this ….
Is there anything we can legally do to protect workers like Juan against this type of employers that abuse of the good faith of people, how can Juan get his money back and what options do you think he has ? Can we send letter to any organization to help Juan or something.. If you come up with any idea please let me know
Please – Email me

Thanks a lot for your great help
Yeah, David, don’t be insulting on my question. I never called you stupid or anything. I’m just like anyone who wishes to know something. Don’t bring ppl down with those insults man… take it easy.

Best answer:

Answer by tigris
I am sorry, but unfortunately Juan set himself up for exploitation when he decided to stay illegally in the country. EB-3 processing is also not fast and makes the employee pretty much dependent on the employer. Depending on how much the attorney has done, the $ 6000 have been spent on attorney fees, job advertisement fees and maybe application fees. I know that some attorneys ask for $ 10 000 for a complete greencard process. If all the money has been spent on the attorney, I don’t think there would be any way to get the money back even if Juan were legally in the country.
The very best way to protect oneself from exploitation is not to get into a position where one can get blackmailed by an employer. Particularly not if one has the education to get a better job and the education to understand the consequences of ones actions. In addition, things like that even happen to people who are legally on a work visa in the country and want to get a greencard from their company. The only advantage they have is that an employer has to pay them (not their family however) a ticket back home if they terminate their employment early.

Give your answer to this question below!

1 comment - What do you think?  Posted by - February 26, 2011 at 9:13 pm

Categories: Immigration Lawyer   Tags: , , ,

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